The Wireline Competition Bureau (Bureau) seeks comment on a petition filed by Navajo Pillars
Telecommunications, Inc. (Navajo Pillars) seeking designation as an eligible telecommunications carrier (ETC) and for waiver of several related rules, including a waiver of the definition of the “Study Area” boundary rules codified in part 36 of the Commission’s rules.1 In addition to seeking an ETC designation on certain lands located entirely within the borders of the Navajo Nation in the state of Arizona, Navajo Pillars seeks a waiver of the definition of “study area” contained in part 36 of the Commission’s rules to modify the current study area of Frontier Communications Corporation (Frontier) in order to create a new study area.2 Second, Navajo Pillars seeks a finding that Section 54.305 of the Commission’s rules does not apply to this transaction.3 Third, Navajo Pillars seeks waiver of Sections 36.611 and 36.612 of the Commission's historical cost rules to allow Navajo Pillars immediate access to High-Cost Loop Support (HCLS) based on Navajo Pillars’ current data for an interim period.4

1 Petition of Navajo Pillars Telecommunications, Inc. for Designation as an Eligible Telecommunications Carrier and Related Waivers, CC Docket No. 96-45 et al. (filed Sept. 13, 2013) (Petition);
2 Petition at 1-2; see also 47 C.F.R. Part 36 App. (defining “study area”). Effective November 15, 1984, the Commission froze all study area boundaries to prevent incumbent local exchange carriers (LECs) from establishing separate study areas made up only of high-cost exchanges to maximize their receipt of high-cost universal service support. See MTS and WATS Market Structure, Amendment of Part 67 of the Commission’s Rules and Establishment of a Joint Board, CC Docket Nos. 78-72, 80-286, Decision and Order, 50 Fed. Reg. 939 (1985) (Part 67 Order). A carrier must therefore apply to the Commission for a waiver of the study area boundary freeze if it wishes to transfer or acquire additional exchanges.
3 Petition at 2-5; 47 C.F.R. § 54.305 (providing that a carrier acquiring exchanges from an unaffiliated carrier shall receive the same levels of high-cost support for which the exchanges were eligible prior to transfer).
4 Petition at 5; 47 C.F.R. §§ 36.611, 36.612Fourth, Navajo Pillars seeks waiver of Section 54.903(a)(3) of the Commission's rules to allow Navajo Pillars to be eligible to receive Interstate Common Line Support (ICLS) immediately.5 Fifth, Navajo Pillars seeks waiver of the definition of “telephone company” in Section 69.2(hh) to allow Navajo Pillars to become a member of the National Exchange Carrier Association (NECA) and immediately participate in NECA pools and tariffs.6 Sixth, Navajo Pillars seeks a five-year waiver of the cap on interstate originating and terminating rates and intrastate terminating rates and the transition path for interstate and intrastate terminating rates as set forth in Section 51.909 of the Commission's rules.7 Seventh, Navajo Pillars seeks a five-year waiver of the rule limiting reimbursable capital and operating expenses for HCLS.8
We find that it is not appropriate to process this study area waiver petition via the streamlined
study area waiver rules adopted in the USF/ICC Transformation Order.9 In that Order, the Commission streamlined its rules governing study area waiver requests, creating a method similar to the Bureau’s processing of routine section 214 transfer of control applications.10 Under the revised process, if the Bureau concludes that a petition is appropriate for streamlined treatment, the petition will be deemed granted 60 days after the reply comment due date unless the Bureau issues a public notice stating otherwise.11 Most petitions for study area waiver are routine in nature and are granted as filed without modification and the Commission’s new streamlined procedures were created to specifically address such routine study area waivers.12 However, if the Bureau has concerns with any aspect of a petition for study area waiver or related waivers, it may find that such petition is inappropriate for streamlined treatment and that it should be subject to further analysis and review.13 Given the complexities of the issues raised in the Petition, the Bureau finds that the Petition is inappropriate for streamlined treatment, and should be subject to further analysis and review. Accordingly, the Bureau will issue an order either granting or denying the Petition after considering the record, including the record received in response to this public notice.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments on or before the dates indicated above.14 Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies.15

5 Petition at 6; 47 C.F.R. § 54.903(a)(3).
6 Petition at 6; 47 C.F.R. § 69.2(hh).
7 Petition at 6; 47 C.F.R. § 51.909.
8 Petition at 6.
9 Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663, 17763, paras. 266-67 (2011) (USF/ICC Transformation Order), pets. for review pending sub nom. In re: FCC, No. 11-9900 (10th Cir. filed Dec. 18, 2011).
10 See USF/ICC Transformation Order, 26 FCC Rcd at 17763, paras. 266-67.11 See id.; 47 C.F.R. § 36.4. 12 See USF/ICC Transformation Order, 26 FCC Rcd at 17763, para 266. 13 See id. at para. 267; see also 47 C.F.R. § 36.4(a). 14 47 C.F.R. §§ 1.415, 1.419.15 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).
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Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
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Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.
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All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.
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Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
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U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12thStreet, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

In addition, we request that one copy of each pleading be sent to each of the following:

16 47 C.F.R. §§ 1.1200 et seq.
3presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.
For further information, please contact Abdel Eqab, Telecommunications Access Policy Division,
Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.- FCC -
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